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If I apply through I-130 is it necessary for me to go to Mexico for the immigration meeting?

Norcross, GA |

I am applying though my husband who is a citizen. We have been married for two years and have 2 kids together. I am 19 years old and he is 20. I've been undocumented in the U.S. for 12 years. Is it necessary for me to travel to Mexico for the immigration meeting and the waiver or is it possible for me to stay in the U.S. while finishing the process?

Attorney Answers 4


  1. You will need to go back t Mexico and consular process through Ciudad Juarez. The waiver interview will also take place there. You should retain an experienced immigration attorney to help you with this process. It is not a simple process and the procedures must be carefully followed in order to get a positive result.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. kiki@kikislaw.com


  2. Sounds like you must go back but you should consult with a local attorney to discuss if there any other options for you before you start the process.


  3. If you entered the US without inspection, yes. However, if you wait a few months, you may be able to apply for a waiver while still in the US. This will minimize the time that you will be separated.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. You will need to consult with an immigration attorney to see if you qualify to process your paperwork inside the US, a process known as adjustment of status. There are a few ways to qualify for adjustment of status under immigration law, for example if you were lawfully admitted to the US during your last entry, or if you qualify under INA 245(i). If you do not meet the requirements for adjustment of status, your only alternative will be to consular process, which means going back to your home country for a consular interview.

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